White v. Derr et al
Plaintiff: David White
Defendant: Estella Derr and Dr. Kwon
Case Number: 1:2022cv00159
Filed: April 11, 2022
Court: US District Court for the District of Hawaii
Presiding Judge: J MICHAEL SEABRIGHT
Referring Judge: ROM TRADER
Nature of Suit: Prisoner: Civil Rights
Cause of Action: 28 U.S.C. ยง 1331 Federal Question: Bivens Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on March 21, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 6, 2022 Opinion or Order Filing 10 CIVIL Waiver of Service Packet ~ Notice to Parties Regarding Service Pursuant to Rule 4 of the Federal Rules of Civil Procedure as to Dr. Kwon (jo)
June 6, 2022 Opinion or Order Filing 9 Summons Issued as to U.S. Attorney and U.S. Attorney General (jo)
June 6, 2022 Opinion or Order Filing 8 Summons Issued as to Dr. Kwon (jo)
June 6, 2022 Opinion or Order Filing 7 ORDER DIRECTING SERVICE OF FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT, ECF NO. #5 , AND MOTION IN SUPPORT OF PLAINTIFF'S BIVENS ACTION AND REQUEST FOR COURT ORDER, ECF NO. #6 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 6/6/2022. (jo)COURT'S CERTIFICATE OF SERVICE - David White will be served by First Class Mail on June 7, 2022 to the address of record listed on the Notice of Electronic Filing (NEF). The U.S. Marshal Service shall also be served First Class Mail on June 7, 2022 at P.O. Box 50184, Honolulu, Hawaii 96850.
June 6, 2022 Opinion or Order COURT'S CERTIFICATE OF SERVICE - On June 7, 2022, David White will be served by First Class Mail: three copies of ECF No. #5 First Amended Complaint & ECF No. #6 Motion In Support of Plaintiff's Bivens Action and Request For Court Order; a copy of ECF No. #7 Order Directing Service, ECF Nos. #8 and #9 Summons Issued, and ECF No. #10 Waiver of Service Packet, along with three USM-285 forms. (jo)
May 9, 2022 Opinion or Order Filing 6 MOTION In Support of Plaintiff's Bivens Action and Request For Court Order re: #5 - by Plaintiff David White Attachment "A" is restricted as it contains personal identifiers (Attachments: #1 Certificate of Service, #2 "A" (Restricted), #3 Mailing Envelope) (jo)
May 9, 2022 Opinion or Order Filing 5 FIRST AMENDED PRISONER CIVIL RIGHTS COMPLAINT against Dr. Kwon - filed by David White (Attachments: #1 Mailing Envelope) (jo)
April 29, 2022 Opinion or Order Filing 4 ORDER DISMISSING PRISONER CIVIL RIGHTS COMPLAINT, ECF NO. #1 , WITH PARTIAL LEAVE TO AMEND - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/29/2022. (1) The Complaint, ECF No. #1 , is DISMISSED for failure to state a claim pursuant to 28 U.S.C. 1915(e)(2) and 1915A(b)(1), with partial leave granted to amend. (2) If White wants this action to proceed, he must file an amended pleading that cures the noted deficiencies on or before May 27, 2022. (3) Failure to timely file an amended pleading will result in AUTOMATIC DISMISSAL of this suit without further notice. (4) ALTERNATIVELY, White may voluntarily dismiss this action pursuant to Fed. R. Civ. P. 41(a)(1), and that dismissal will not count as a strike under 28 U.S.C. 1915(g). (5) The Clerk is DIRECTED to send White a blank prisoner civil rights complaint form so that he can comply with this order if he elects to file an amended pleading. (jo)COURT'S CERTIFICATE OF SERVICE - David White will be served by First Class Mail on May 2, 2022 to the address of record listed on the Notice of Electronic Filing (NEF).
April 14, 2022 Opinion or Order Filing 3 ORDER GRANTING PLAINTIFF'S IN FORMA PAUPERIS APPLICATION, ECF NO. #2 - Signed by CHIEF JUDGE J. MICHAEL SEABRIGHT on 4/14/2022. IT IS HEREBY ORDERED that: (1)The Warden of the Federal Detention Center-Honolulu ("FDC-Honolulu"), or the Warden's designee, shall calculate, collect, and remit to the Clerk of Court an initial partial payment equaling 20% of Plaintiff's average monthly balance or average monthly deposits to his account within the past six months, whichever is greater. Thereafter, the Warden or designee shall collect monthly payments equaling 20% of Plaintiff's preceding month's income when the account exceeds $10.00, until the $350.00 filing fee is paid in full. See 28 U.S.C. 1915(b)(2). These payments must be identified by the name and number assigned to this action. (2)The Clerk of Court is directed to serve a copy of this order on Plaintiff, the FDC-Honolulu Warden and Financial Office, and/or the Bureau of Prisons, and submit a copy of this order to the District of Hawaii's Finance Department. (jo)COURT'S CERTIFICATE OF SERVICE - On April 14, 2022: David White will be served by First Class Mail to the address of record listed on the Notice of Electronic Filing (NEF); a copy of the order shall also be served by First Class Mail to the Warden and Financial Office at FDC Honolulu, P.O. BOX 30547, Honolulu, HI 96820; and the Finance Department for the District of Hawaii received the order electronically.
April 11, 2022 Opinion or Order Filing 2 APPLICATION to Proceed in Forma Pauperis by a Prisoner - by Plaintiff David White (Attachments: #1 Mailing Envelope) (jo)
April 11, 2022 Opinion or Order Filing 1 PRISONER CIVIL RIGHTS COMPLAINT against All Defendants - filed by David White (Attachments: #1 Transmittal Letter, #2 Mailing Envelope) (jo)

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Plaintiff: David White
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Defendant: Estella Derr
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Defendant: Dr. Kwon
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